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AI Approaches
LNAI 10791
to the Complexity
of Legal Systems
AICOL International Workshops 2015–2017:
AICOL-VI@JURIX 2015, AICOL-VII@EKAW 2016,
AICOL-VIII@JURIX 2016, AICOL-IX@ICAIL 2017,
and AICOL-X@JURIX 2017, Revised Selected Papers
123
Lecture Notes in Artificial Intelligence 10791
AI Approaches
to the Complexity
of Legal Systems
AICOL International Workshops 2015–2017:
AICOL-VI@JURIX 2015, AICOL-VII@EKAW 2016,
AICOL-VIII@JURIX 2016, AICOL-IX@ICAIL 2017,
and AICOL-X@JURIX 2017
Revised Selected Papers
123
Editors
Ugo Pagallo Giovanni Sartor
University of Turin University of Bologna
Turin, Italy Bologna, Italy
Monica Palmirani Serena Villata
University of Bologna Inria - Sophia Antipolis-Méditerranée
Bologna, Italy Sophia Antipolis, France
Pompeu Casanovas
La Trobe University
Melbourne, VIC, Australia
This Springer imprint is published by the registered company Springer Nature Switzerland AG
The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
Preface
Representation; (iv) Legal Ontologies and Semantic Annotation; (v) Legal Argumen-
tation; and (vi) Courts, Adjudication and Dispute Resolution. New entry topics need a
particular spotlight like Legal Design or Legal Data Analytics.
Finally, a special thanks is due to the excellent Program Committee for their hard
work in reviewing the submitted papers. Their criticism and very useful comments and
suggestions were instrumental in achieving a high quality of publication. We also thank
the authors for submitting good papers, responding to the reviewers’ comments, and
abiding by our production schedule.
Organizing Committee
Danièle Bourcier Université de Paris II, France
Pompeu Casanovas Autonomous University of Barcelona, La Trobe
University
Monica Palmirani University of Bologna, Italy
Ugo Pagallo University of Turin, Italy
Giovanni Sartor European University Institute and University of Bologna,
Italy
Serena Villata Inria Sophia Antipolis, France
Program Committee
Laura Alonso Alemany Universidad Nacional de Córdoba
Michał Araszkiewicz Jagiellonian University
Guido Boella University of Torino
Daniele Bourcier Centre d’Etudes et de Recherches de Science
Administrative et Politique, Universite de Paris II
Pompeu Casanovas Autonomous University of Barcelona, La Trobe
University
Marcello Ceci GRCTC - Governance, Risk and Compliance Technology
Center
Pilar Dellunde Autonomous University of Barcelona
Luigi Di Caro University of Torino
Angelo Di Iorio University of Bologna
Enrico Francesconi ITTIG-CNR
Michael Genesereth Stanford University
Jorge Gonzalez-Conejero UAB Institute of Law and Technology
Guido Governatori Data61, CSIRO
Davide Grossi University of Groningen
John Hall Model Systems
Renato Iannella Queensland Health
Beishui Liao Zhejiang University
Arno R. Lodder Vrije Universiteit Amsterdam
Marco Manna University of Calabria
Martin Moguillansky Universidad Nacional del Sur
Paulo Novais University of Minho
Ugo Pagallo University of Torino
Marco Pagliani Senate of Italian Republic
Monica Palmirani University of Bologna
Adrian Paschke Freie Universität Berlin
VIII Organization
Using Legal Ontologies with Rules for Legal Textual Entailment . . . . . . . . . 317
Biralatei Fawei, Adam Wyner, Jeff Z. Pan, and Martin Kollingbaum
Contents XI
Legal Argumentation
1 Introduction
The first volume of this workshop series on Artificial Intelligence approaches to the
complexity of legal systems (AICOL) was released at the very beginning of this decade
(2010). In the meanwhile, the field of Artificial Intelligence (“AI”) has known a new
renaissance: for instance, according to the tally Google provided to MIT Technology
Review in March 2017, the company published 218 journal or conference papers on
machine learning in 2016 alone, nearly twice as many as it did two years before [1].
Google’s AI explosion illustrates a more general trend that has to do with the
improvement of more sophisticated statistical and probabilistic methods, the increasing
availability of large amount of data and of cheap, enormous computational power, up to
the transformation of places and spaces into AI-friendly environments, e.g. smart cities
and domotics. All these factors have propelled a new ‘summer’ for AI. After the
military and business sectors, AI applications have entered into people’s lives. From
getting insurance to landing credit, from going to college to finding a job, even down to
the use of GPS for navigation and interaction with the voice recognition features on our
smartphones, AI is transforming and reshaping people’s daily interaction with others
and their environment. Whereas AI apps and systems often go hand-in-hand with the
breath-taking advancements in the field of robotics, the internet of things, and more, we
can grasp what is going on in this field in different ways [2]. Suffice it to mention in this
context two of them.
First, according to the Director of the Information Innovation Office (I2O) at the
Defense Advanced Research Projects Agency (DARPA) in the U.S. Department of
Defense, John Launchbury, there would have been so far two waves of research in AI.1
The first wave concerns systems based on “handcrafted knowledge,” such as programs
for logistics scheduling, programs that play chess, and in the legal domain, TurboTax.
Here, experts turn the complexity of the law into certain rules, and “the computer then
is able to work through these rules.” Although such AI systems excel at complex
reasoning, they were inadequate at perception and learning. In order to overcome these
limits, we thus had to wait for the second wave of AI, that is, systems based on
“statistical learning” and the “manifold hypothesis.” As shown by systems for voice
recognition and face recognition, the overall idea is that “natural data forms lower-
dimensional structures (manifolds) in the embedding space” and that the task for a
learning system is to separate these manifolds by “stretching” and “squashing” the
space.2
Along these lines, Richard and Daniel Susskind similarly propose to distinguish
between a first generation and a second generation of AI systems, namely, between
expert systems technologies and systems characterized by major progress in Big Data
and search [3]. What this new wave of AI entails has to do more with the impact of AI
on society and the law, than the law as a rich test bed and important application field for
logic-based AI research. Whether or not the first wave aimed to replicate knowledge
and reasoning processes that underpin human intelligence as a form of deductive logic,
the second wave of AI brings about “two possible futures for the professions,” that is,
either a more efficient version of the current state of affairs, or a profound transfor-
mation that will displace much of the work of traditional professionals. According to
this stance, we can thus expect that “in the short and medium terms, these two futures
will be realized in parallel.” Yet, the thesis of Richard and Daniel Susskind is that the
second future will prevail: in their phrasing, “we will find new and better ways to share
expertise in society, and our professions will steadily be dismantled” [3].
Against this highly problematical backdrop, three different levels of analysis should
be however differentiated. They concern the normative challenges of the second wave
of AI from a political, theoretical, and technical viewpoint, namely (i) the political
decisions that should be—or have already been—taken vis-à-vis current developments
1
See the video entitled “A DARPA Perspective on Artificial Intelligence,” available online at https://
youtube/-O01G3tSYpU.
2
Ibid.
Introduction: Legal and Ethical Dimensions of AI, NorMAS, and the Web of Data 3
of e.g. self-driving cars, or autonomous lethal weapons; (ii) the profound transforma-
tions that affect today’s legal systems vis-à-vis the employment of e.g. machine
learning techniques; and, (iii) the advancements in the state-of-the-art that regard such
areas, as semantic web applications and language knowledge management in the legal
domain, or ejustice advanced applications. Each one of these levels of analysis is
deepening in the following sections.
2 Architectural Challenges
The political stance on current developments of AI hinges on a basic fact: the more the
second wave of AI advances, the more AI impacts on current pillars of society and the
law, so that political decisions will have to be taken as regards some AI applications,
such as lethal autonomous weapons, or self-driving cars. Over the past years, scholars,
non-profit organizations, and institutions alike have increasingly stressed the ethical
concerns and normative challenges brought about by many autonomous and intelligent
system designs [4–6]. The aim of the law to govern this field of technological inno-
vation suggests that we should distinguish between two different levels of political
intervention, that is, either through the primary rules of the law, or through its sec-
ondary rules [7].
According to the primary rules of the law, the goal is to directly govern social and
individual behaviour through the menace of legal sanctions. Legislators have so far
aimed to attain this end through methods of accident control that either cut back on the
scale of the activity via, e.g., strict liability rules, or intend to prevent such activities
through bans, or the precautionary principle. Regulations can be divided into four
different categories, that is, (a) the regulation of human producers and designers of AI
systems through law, e.g. either through ISO standards or liability norms for users of
AI; (b) the regulation of user behaviour through the design of AI, that is, by designing
AI systems in such a way that unlawful actions of humans are not allowed; (c) the
regulation of the legal effects of AI behaviour through the norms set up by lawmakers,
e.g. the effects of contracts and negotiations through AI applications; and, (d) the
regulation of AI behaviour through design, that is, by embedding normative constraints
into the design of the AI system [8].
Current default norms of legal responsibility can entail however a vicious circle,
since e.g. strict liability rules—let aside bans, or the precautionary principle—may end
up hindering research and development in this field. The recent wave of extremely
detailed regulations on the use of drones by the Italian Civil Aviation Authority, i.e.
“ENAC,” illustrates this deadlock. The paradox stressed in the field of web security
decades ago, could indeed be extended with a pinch of salt to the Italian regulation on
the use of drones as well: the only legal drone would be “one that is powered off, cast in
a block of concrete and sealed in a lead-lined room with armed guards – and even then
I have my doubts.” [9] As a result, we often lack enough data on the probability of
events, their consequences and costs, to determine the levels of risk and thus, the
amount of insurance premiums and further mechanisms, on which new forms of
accountability for the behaviour of such systems may hinge. How, then, can we prevent
legislations that may hinder the research in AI? How should we deal with the peculiar
4 U. Pagallo et al.
the importance of the goals and values that are at stake with choices of technological
dependence, delegation and trust, in order to determine the good mix between legal
automation and public deliberation [13]. On the other hand, such choices of techno-
logical dependence, delegation and trust, through AI systems and procedures of legal
automation are affecting pillars and tenets of today’s law. As stressed above in this
introduction, AI technology profoundly affects both the requirements and functions of
the law, namely, what the law is supposed to be (requirements), and what it is called to
do (functions). This profound transformation has to be examined separately in the next
section.
In one of the most celebrated 2014 John Klossner’s cartoons on the Internet of Things
the husband resignedly says to his wife: “We have to go out for dinner. The refrigerator
isn’t speaking to the stove.”3 This is not a joke anymore, and neither is the possibility
of connecting thousands of billions of devices that can literally speak to each other.
A world of smart objects shreds new challenges into the interconnected world of
humans and machines. The 2015 IBM Institute for Business Value Report [14] has
pointed out five major challenges: (i) the cost of connectivity (prohibitively high),
(ii) the Internet after trust (in the after-Snowden era “trust is over” and “IoT solutions
built as centralized systems with trusted partners is now something of a fantasy”),
(iii) not-future proof (many companies are quick to enter the market but it is very hard
to exit: the cost of software updates and fixes in products long obsolete and discon-
tinued), (iv) a lack of functional value (lack of meaningful value creation), (v) broken
business models (in information markets, the marginal cost of additional capacity—
advertising—or incremental supply—user data—is zero).
This is setting the conditions for “Device Democracy”, in which “devices are
empowered to autonomously execute digital contracts such as agreements, payments
and barters with peer devices by searching for their own software updates, verifying
trustworthiness with peers, and paying for and exchanging resources and services. This
allows them to function as self-maintaining, self-servicing devices” [14].
IBM suggests three new methodological trends for a scalable, secure, and efficient
IoT regarding: (i) architecture (private-by-design), (ii) business and economic insights
(key vectors of disruption), (iii) and product and user experience design (the trans-
formation of physical products into meaningful digital experiences).
The keyword here is the emergence of “meaningful experiences” in between
relationships, properties, and objects. Interestingly this has been also enhanced by 2016
and 2017 Gartner Hype Cycle of Emerging Technologies: (i) transparently immersive
experiences (such as human augmentation), (ii) perceptual smart machines (such as
3
https://www.computerworld.com/article/2858429/enterprise-applications/2014-the-tech-year-in-
cartoons.html#slide5.
6 U. Pagallo et al.
4
https://www.gartner.com/smarterwithgartner/.
5
Nexxus Partners was established in January 2016 in Texas, USA as a services company for the
bitcoin and cryptocurrency industry.
6
“Smart contracts are computer programs that can be correctly executed by a network of mutually
distrusting nodes, without the need of an external trusted authority” [20].
7
See the first Decentralized Autonomous Organization (DAO) code to automate organizational
governance and decision-making at [19].
Introduction: Legal and Ethical Dimensions of AI, NorMAS, and the Web of Data 7
There are problems regarding the legal dimension as well. Some criticisms have
already stated that “cryptocurrencies cannot solve the problem of incomplete [rela-
tional] contracts, and as long as contracts are incomplete, humans will need to resolve
ambiguities” [22]. The same diffidence has been shown from a public legal standpoint,
as crypto-currencies cannot build up by their own a new public space [23].
The other way around, there are economic interpretations that highlight its positive
aspects. Ethereum and blockchain platforms have been received “as a new type of
economy: a ‘spontaneous organization’, which is a self-governing organization with the
coordination properties of a market (Hayek), the governance properties of a commons
(Ostrom), and the constitutional properties of a nation state (Brenan and Buchanan)” [24].
Perhaps this syncretic view is too over-confident, equating different dimensions
(economic, social, and legal) but, be as it may, law and the definition of law—what it
counts for—are at stake: “the legal status of DAOs remains the subject of active and
vigorous debate and discussion. Not everyone shares the same definition. […] Ulti-
mately, how a DAO functions and its legal status will depend on many factors,
including how DAO code is used, where it is used, and who uses it.” [19]
It is our contention that the synergy between different kinds of complementary
technologies can help to solve these regulatory puzzles and tensions, i.e. Blockchain is
the result of assembling two software paradigms (peer-to-peer applications and dis-
tributed hash tables). They are not the only ones. Semantic technologies and linked data
can be used to ease the tensions and create the shared scenarios in which crypto-
currencies and smart contracts can be safely and effectively used in a personalised
manner by a vast plurality of users. “Similarly as block chain technology can facilitate
distributed currency, trust and contracts application, Linked Data facilitated distributed
data management without central authorities” [25].
But for this to happen, to cross jurisdictions and different types of legal obstacles,
smart regulations and values are essential and should be similarly linked and har-
monised. Traditional legal tools at national, European and international levels, are
important, but they still fall short to cope with the complexity of algorithm governance
to reach metadata regulatory dimensions and layers [26]. This is why law, governance,
and ethics are at the same time being embedded into design, and re-enacted again as
contextually-driven to shape sustainable regulatory ecosystems. Beyond epistemic and
deliberative democracy, one of the concepts that have recently coined to describe this
new situation is linked democracy, i.e. the endorsement of (embedded) democratic
values to preserve rights and protect people on the web of data [27]. It is worth noticing
that these common trends are related to the combination of political crowdsourcing,
legal and ethical argumentation, and expert knowledge [28]. Innovation is deemed to
be a crucial component of democracy [29]. Thus, what the law is supposed to be and
what it is called to do are related not only to its architecture and tools (e.g. normative
systems, laws and rights) but to the many ways of balancing citizens’ compliance and
participation.
8 U. Pagallo et al.
Over the last two decades we have witnessed a remarkable volume of legal documents
and legal big data being put out in open format (e.g., the legal XML movement). The
information was represented using specific technical standards capable of modelling
legal knowledge, norms, and concepts [17, 30] in machine-readable format.
NormInRete [31] is an XML standard the Italian government issued in 2001 as the
official XML vocabulary for the country’s legislative documents. MetaLex was created
in 2002 in the Netherlands, and it evolved into CEN-MetaLex as a general format for
the interoperability of legal documents across Europe, this thanks to the EU Project
ESTRELLA [32]. Another significant outcome of the ESTRELLA project was the Legal
Knowledge Interchange Format-LKIF, composed of two main pillars: (i) a core legal
ontology [33] and (ii) a legal-rule language [34]. Even if these outcomes are encour-
aging, they lack a common-framework technical design making it possible to easily
integrate all the Semantic Web layers (e.g., text, norms, ontology). For this reason, the
Akoma Ntoso project [35] (an UNDESA-based African initiative)8 took the best
practices from those experiences and in 2006 designed a unique XSD schema for all
legal documents (e.g., including caselaw and UN resolutions [39]) and lawmaking
traditions (e.g., common law and civil law). In 2012, LegalDocML TC,9 of OASIS,
expanded the Akoma Ntoso XML vocabulary to embrace an international vision of
legal-document annotation. OASIS’s LegalCiteM10 TC provides semantic representa-
tion of legal references so as to foster a convergence of many existing syntaxes for legal
and legislative identifiers, including ELI [37], ECLI [36], URN-LEX,11 and the Akoma
Ntoso Naming Convention [40], making sure that legal document collections can
unambiguously be referred to and are also connectable to Linked Data assertions.
OASIS’s LegalRuleML TC [38] provides a standard for modelling constitutive and
prescriptive norms using formal language for rules. LegalDocML, LegalRuleML, and
LegalCiteM provide a common framework for modelling legal documents and for
fostering contextual metadata. The CLOUD4EU [41, 42] project offers a rare example
of a platform where those standards can act in an integrated manner: it is designed for
the General Data Protection Regulation (GDPR), making it possible to provide com-
pliance reports for this regulation.
LegalRuleML also provides an RDFS meta-model for modelling the deontic and
defeasible logic operators applied in the legal domain in order to export metadata in
RDF format. LegalDocML makes it possible to extract legal metadata and to convert it
into RDF. In the web of data paradigm, RDF triples produce a distributed and net-
worked legal knowledge repository that can be useful in enhancing the searchability of
relevant legal concepts, the semantic classification of documents, a light legal-
reasoning approach, and the integration of metadata with other nonlegal sources (e.g.,
8
United Nations Department of Economic and Social Affairs https://www.un.org/development/desa/
en/.
9
https://www.oasis-open.org/committees/legaldocml/.
10
https://www.oasis-open.org/committees/tc_home.php?wg_abbrev=legalcitem.
11
https://datatracker.ietf.org/doc/draft-spinosa-urn-lex/.
Introduction: Legal and Ethical Dimensions of AI, NorMAS, and the Web of Data 9
issues that are already being discussed in several domains (targeted deceptive com-
mercial and noncommercial communication, discrimination, manipulation of public
opinion, etc.). Also already emerging in the law are some questionable practices,
particularly where law enforcement tries to predict illegal or otherwise unwanted
behaviour (e.g., a tendency to offend or reoffend). More generally, the knowledge
provided by analytics brings new ways to assess, influence, and control behaviour, and
these aspects have yet to be fully analysed. For instance, no study exists so far on how
the ability to predict court decisions, even those of specific judges, could influence
judicial decision-making.
The combination of LA and legal XML techniques improve our interpretation of
the AI inferences. XML nodes provide structural information and contextual metadata
that, in combination with the predictive assertions of LA, could be used to mitigate two
important negative side effects of LA techniques: (i) the introduction of bias from the
past experiences and mistakes (e.g., negative case-law, bad legal drafting practices in
legislation, influences due to socio-historical conditions) that can reinforce a tendency
to reiterate incorrect models and may impair the ability to creatively find brilliant new
solutions in the future (e.g., through filter-bubble effects); (ii) the fragmentation of legal
knowledge into separate sentences or isolated data without a logical connection making
it possible to achieve a consistent legal and logical narrative flow (e.g., contextless
prediction). XML nodes could provide the skeleton needed to reassemble the huge
amount of unexpected insights produced by the LA layer.
Finally, also crucial is the usability and the easy access to legal knowledge pro-
duced by LA. It is essential that the outcome of LA and legal XML sources in web
applications and new devices (e.g., augmented reality) be also understandable by
people who are not legal experts, without reframing the message; and, at any event, it is
also essential to provide clear mechanisms for explaining the algorithm decision-
making process and outcome. In this effort to achieve transparent communication we
can turn to human-computer interaction techniques, making it possible to create a fair
environment in which to better communicate the legal concepts and principles
extracted by LA. The legal design community is working to create new design patterns,
looking to provide better ways of displaying content, in such a way that the legal
community and end users (e.g., citizens) can place greater trust in LA and legal XML
[44–46].
This new AICOL volume is divided into six parts. They concern (i) legal philosophy,
conceptual analysis, and epistemic approaches; (ii) rules and norms analysis and rep-
resentation; (iii) legal vocabularies and natural language processing; (iv) legal
ontologies and semantic annotation; (v) legal argumentation; and, (vi) courts, adjudi-
cation and dispute resolution.
Introduction: Legal and Ethical Dimensions of AI, NorMAS, and the Web of Data 11
O’Brien and Firas Al Khalil illustrate a heuristic approach for the representation of
alethic statements as part of a methodology aimed at ensuring effective translation of
the regulatory text into a machine-readable language. The methodology includes an
intermediate language, accompanied by an XML persistence model, and introduces a
set of “legal concept patterns” to specifically represent the different constitutive
statements that can be found in e.g. financial regulations. In An Architecture for
Establishing Legal Semantic Workflows in the Context of Integrated Law Enforcement,
Markus Stumpner, Wolfgang Mayer, Pompeu Casanovas and Louis de Koker develop
a federated data platform that aims to enable the execution of integrated analytics on
data accessed from different external and internal sources, and to enable effective
support of an investigator or analyst working to evaluate evidence and manage
investigation structure. By preventing the shortcomings of traditional approaches, e.g.
high costs and silos-effects, the chapter also aims to show how this integration can be
compliant. In Contributions to Modelling Patent Claims when Representing Patent
Knowledge, Simone Reis, Andre Reis, Jordi Carrabina and Pompeu Casanovas
examine the modelling of patent claims in ontology based representation of patent
information. They relate to the internal structure of the claims and the use of the all-
element rule for patent coverage, in order to offer the general template for the structure
of the claim, and provide the visualization of the claims, the storage of claim infor-
mation in a web semantics framework, and the evaluation of claim coverage using
Description Logic. In Execution and Analysis of Formalized Legal Norms in Model
Based Decision Structures, Bernhard Waltl, Thomas Reschenhofer and Florian Matthes
describe a decision support system to represent the semantics of legal norms, whereas a
model based expression language (MxL) has been developed to coherently support the
formalization of logical and arithmetical operations. Such legal expert system is built
upon model based decision structures and three different components, namely a model
store, a model execution component, and an interaction component, have been worked
out, so as to finally test the execution and analysis of such structured legal norms vis-à-
vis the German child benefit regulations. In Causal Models of Legal Cases, Ruta
Liepina, Giovanni Sartor and Adam Wyner draw the attention to the requirements for
establishing and reasoning with causal links. In light of a semi-formal framework for
reasoning with causation that uses strict and defeasible rules for modelling factual
causation in legal cases, the chapter takes into account the complex relation between
formal, common sense, norm and policy based considerations of causation in legal
decision making with particular focus on their role in comparing alternative causal
explanations. In Developing Rule-Based Expert System for People with Disabilities,
Michał Araszkiewicz and Maciej Klodawski present the features of a moderately
simple legal expert system devoted to solving the most frequent legal problems of
disabled persons in Poland. By casting light on the structure of the expert system and
its methodology, the succession law of Poland and its procedures delivers sufficient
material to reveal the most important issues concerning such a project on a rule-based
expert system.
Introduction: Legal and Ethical Dimensions of AI, NorMAS, and the Web of Data 13
By distinguishing between trusted arguments, selfish agents, and social agents, the
extensions of globally accepted arguments are defined using a game theoretic equi-
librium definition. In A Machine Learning Approach to Argument Mining in Legal
Documents, Prakash Poudyal analyzes and evaluates the natural language arguments
present in the European Court of Human Right (ECHR) Corpus. By dividing the
research into four modules, work on argumentative sentences vs. non-argumentative
sentences in narrative legal texts, is accomplished, so as to flesh out the features of this
module and conduct an experiment in Sequential Optimization Algorithm and Random
Forest Algorithm, which can be used as the basis of a general argument mining
framework. In Answering Complex Queries on Legal Networks: a Direct and a
Structured IR Approaches, Nada Mimouni, Adeline Nazarenko and Sylvie Salotti
compare two methods of search in legal collection networks, so as to present new
functionalities of search and browsing. Relying on a structured representation of the
collection graph, the first approach allows for approximate answers and knowledge
discovery, whilst the second one supports richer semantics and scalability but offers
fewer search functionalities. As a result, the chapter indicates how those approaches
could be combined to get the best of both. In Inducing Predictive Models for Decision
Support in Administrative Adjudicati, Karl Branting, Alexander Yeh and Brandy Weiss
explore the hypothesis that predictive models induced from previous administrative
decisions can improve subsequent decision-making processes. In light of three different
datasets, three different approaches for prediction in their domains were tested, showing
that each approach was capable of predicting outcomes. By exploring several
approaches that use predictive models to identify salient phrases in the predictive texts,
the chapter proposes a design for incorporating this information into a decision-support
tool. In Arguments on the Correct Interpretation of Sources of Law, Robert van
Doesburg and Tom van Engers deal with the formalization of legal reasoning and the
representation of law through computational models of argumentation. Whereas most
examples presented in literature can be characterized as post-hoc theory construction,
the chapter aims to provide an instrument that can be used to inform legal experts on
relevant issues in the process of solving current cases, i.e. using the interpretations of
legal sources ex-ante. An actual case that is in discussion in the Dutch Tax Admin-
istration, in court as well as in Parliament, helps to further clarify this approach.
§ 10
Mrs. Weston said: “Jus’ look at your hair! You’ve bin larking
abeaout, I darebebound.”
Catherine did not contradict her. “Larking about” was a
punishable misdemeanour.
“Everybody was larking about,” she put in, irrelevantly.
“You’re a disgrace,” continued Mrs. Weston, equally irrelevantly.
Then as an afterthought: “Larking about with the boys, I daresay....”
Catherine did not reply.
“Well, you’re going to have a sound thrashing, that’s all, so you
may as well know.... I’m about sick of your hooligan ways....”
Catherine went white. She was not afraid of a sound thrashing
(they were not very fearsome things when you got used to them); it
was the atmosphere of strained expectancy that was almost
intolerable. She went whiter when her mother said:
“Have your supper first.... There’s some cold rice pudding....”
She ate in silence. Her mother was rushing in and out of the
scullery preparing her father’s supper. In the middle of all this her
father entered. He was tired and hoarse after the evening’s effort. He
noticed the strained atmosphere. He said to Catherine:
“What’s the matter, Cathie?”
Mrs. Weston began to talk very fast and very harshly. Her voice
was like the sudden rending of a strip of calico.
“She’s bin behaving herself badly again, that’s what’s amiss with
her.... Larking about all this evening, she was. A regular disgrace. I
tell you, I’m not going to put up with it. She’s going to get a sound
thrashing to teach her to remember....”
Simultaneously Mrs. Weston planked down a plate of greens and
vegetables in front of her husband. He attacked them nervously.
“It’s not good enough,” he said, after a pause, with the air of
being vaguely reproachful against nobody in particular, “I tell you it’s
not good enough.... I don’t know why these things should happen.
It’s not as if she was a little girl....”
That was all he said.
The sound thrashing began soon afterwards. It was an extremely
unscientific battery of slaps, in which Catherine dodged as best she
could amongst the crowded furniture of the kitchen. Once she
lurched against the table and knocked over the vinegar-bottle.
“I wish you wouldn’t ...” began Mr. Weston, and then stopped and
continued eating.
After some moments of this gymnastic display both parties were
hot and flushed with exertion, and the finale began when Mrs.
Weston opened the door of the lobby and manœuvred Catherine out
of the kitchen.
“Off you go,” she said. “Straight to bed ... str-h-aight to b-bed....”
The chase proceeded upstairs. Mrs. Weston’s stertorous
breathing and heavy footfalls were the most conspicuous sounds....
A few seconds afterwards a loud banging of an upstairs door
announced that hostilities were over.
In her tiny back bedroom Catherine sat down on a chair for
breath. She was not physically hurt; in her “larking about” with boys
and girls of her own age she had often paused for breath like this,
and at such times there had been joy in her heart even when there
had been pain in her body. But now she was conscious only of
profound indignity. Her father’s vague protest echoed in her memory:
“It’s not as if she were a little girl....”
She undressed and got into bed. It was quite dark, and she felt
acutely miserable. Far away the pumping engine at the water-works
whispered, as it always did at night-time, “Chug-chug ... chug-chug
... chug-chug-chug....” Ten, twelve years had passed since she had
counted the five knobs on the brass rail of the bed. She was growing
up, out of a child into a girl. She was not growing up without faults:
she knew that. The worst trait in her was temper ... she would have
to conquer that. She must learn self-control....
From below came the old familiar sound of her father taking off
his boots and dumping them under the sofa. “H-rooch-flop ...
h’rooch-flop.” ... That sound was bound up with all her memories of
childhood.
Ten minutes later there came a cautious tap at her door, and her
father entered in an intermediate stage of attire. He lit a candle
clumsily and shone it down upon her. She did not move. He prodded
her with his thumb in a vague, experimental way. She made no reply,
though her eyes were wide open and staring into his.
“I say, Cathie,” he began, vaguely and nervously, “you’ve bin
misbehaving, I’m told.... It’s too bad, you know.... Come now ... be a
good girl and go to sleep.”
Pause.
Then: “Kiss me.”
It was the first time for many years that he had asked for such a
thing. With no apparent reason at all the tears welled up into her
eyes, tears that she had hidden since her tenth birthday.
She was just about to raise her head to meet his when a drop of
liquid candle grease fell on her bare arm. The sharp, unexpected
pain made her a prey to a sudden gust of tempestuous emotion....
“Oh, go away,” she muttered angrily, “don’t come bothering me ...
I’m tired....” She crouched down beneath the bedclothes with her
face turned away from him.
Mr. Weston retired a little sheepishly.
“Oh, well,” he said, “if you’re going to be sulky ... I suppose....”
When he had gone she cried as she had never cried before, and
all because she had spurned his proffered reconciliation. From the
other side of the thin partition that separated the two rooms, she
could hear the sharp “plock” as her father wrenched his collar off the
stud, and the steady nasal monotone of her mother’s voice. She
could not discern any words, but from the vicious way in which her
father kept stumbling up against things she guessed that they were
quarrelling....
CHAPTER II
JEUNESSE
§1
CATHERINE won an open scholarship to the Upton Rising High
School for Girls. She did not win it because of any particular
brilliance or erudition in her examination papers; she won it, as a
matter of fact, because Mr. McGill, one of the Governors, happened
to remark to Miss Forsdyke, the headmistress: “I hear Weston’s got
his daughter in for a scholarship.”
Miss Forsdyke said, “Weston?—Weston?—Let me see—I believe
I’ve heard the name somewhere ... Er ... who is he?”
“One of the men at the Downsland Road School.... Not a bad
sort.... I bet old Clotters’ll be mad if Weston’s girl gets anything.
Clotters’ boy missed last year....”
Now Clotters was the headmaster of the Downsland Road
Council School. Mr. Weston did not like Mr. Clotters.... Mr. McGill did
not like Mr. Clotters.... And even Miss Forsdyke did not like Mr.
Clotters....
Thus it happened that Catherine obtained a scholarship to the
Upton Rising High School for Girls.
In her English paper she was asked to analyse: “There is a tide in
the affairs of men....” She began:
“There”—subject; “is” predicate; “a tide” object—according to a
well-established form of procedure which sometimes enabled her to
get her analysis right without in the least understanding what she
was about.
And in her Scripture paper she was asked: What is a phylactery?
She answered: a kind of musical instrument.
Catherine was rather surprised to get a scholarship.
§2
Long lingering September evenings with the sun splashing over
the roofs of Upton Rising; the soft scented dusk creeping through
gravelled roads; tier upon tier of houses astride the hill, with every
window like a crimson star.... In the high road the newsboys were
calling, the trams swirled citywards like golden meteors flying
through space.... In the quiet residential roads was always the
chatter of the lawn-mower, the drowsy murmur of hedge-clipping....
In these delectable hours of twilight Catherine passed from Upton
Rising into Bockley.... Every night she passed, with swollen satchel
under her arm—Luke’s Grove, over Makepiece Common, then along
the Ridegway into the Bockley High Street.... And from the High
Street into Kitchener Road there was a bewildering choice of routes,
differing only in degrees of frowsiness....
Men passed her by like dim shadows heralded by the glowing
tips of their cigarettes....
The policeman on point-duty in the Bockley High Street knew her.
He said, “’d evenin’, miss,” and Catherine and the other girls who
accompanied her on her way home used to giggle hysterically, for he
was tall and handsome and presumably young.
Catherine went home with Madge Saunders and Helen Trant.
Madge was fat, good-natured, but lymphatic and uninteresting. Her
father was on the council and kept a big drapery stores in the High
Street. He called his daughter “Maggers,” and was excessively jovial
and contented. When Catherine went to tea at the Saunders’, he
called her “Carrots.” His humour was exhausted in the invention of
nicknames....
Helen Trant was almost the antithesis of Catherine and equally of
Madge. She was quiet, undemonstrative, but her quietness was not
the quietness of laziness. She worked hard, was moderately clever,
almost excessively conscientious, and in a quiet, unobtrusive way
immensely powerful and self-reliant. She was a scholarship girl, and
her father was in a good position in a London Insurance Office.
Neither Madge nor Helen was good-looking, but Helen had a quiet
dignity that made a fair substitute for beauty.... They were a rather
distinctive trio as they sauntered home together.
As they passed the policeman on point-duty Catherine made
provocative eyes at him. Madge rolled into heavy, undisciplined
laughter. And Helen sometimes smiled, but when she did it was the
smile as of one who knew all about policemen, their lives, wages,
conditions of existence, their baulked aspirations, confident hopes
and undying ambitions.... She looked to have the sympathy of one
who knows everything without being told anything....
Miss Forsdyke, in a spiteful mood, said:
“I wish, Helen, you would be more particular in your choice of
companions....”
Yet Catherine and Helen became close friends, and Madge was
merely an adjunct to their evening journeys home....
§3
Time was passing; Catherine was creeping through her teens,
and every night in the drawing-room at 24, Kitchener Road the piano
strummed for exactly one hour, and then stopped. By and by the
music-lover might have begun to detect certain tunes that were
familiar to him. A few of Mendelssohn’s “Songs Without Words,”
Tchaikovsky’s “Valse Triste,” the adagio part of Beethoven’s “Pathetic
Sonata.” ...
Once, too, a prelude of Chopin’s, chosen for its unChopin-like
qualities....
There came a day when Catherine’s playing began to be very
slightly superior to the instrument at her disposal. Nor did the latter
improve as time passed. All the lower notes responded with a nasal
twang reminiscent of a Jew’s-harp. The upper ones were so
physically inert that when pushed down they refused to come up
again without assistance, and so unanimous as to pitch that the
striking of the wrong note was no more inharmonious than the
striking of the right one....
Yet it was on this instrument that Catherine practised a certain
Fantasia in D Minor of Mozart’s that won her a first prize at the Upton
Rising Annual Eisteddfod.... The examiner was a wizened old man
with blue spectacles. From the first he annoyed Catherine. Her
music persisted in curling up.
“You should use a flat case,” he said, “not one of these roll ones.”
Then she discovered that the middle page of the music was not
there. Presumably she had left it in the waiting-room.
“You can’t go and fetch it,” he said. “I think you’re very
careless....”
“Do you?” she answered impudently. “Then I’ll play from
memory.”
“You ought not to play from memory ... at your age ...” he
protested.
Nevertheless she did so, and played better than she had ever
played at her practices. It was partly the ecstasy of manipulating a
splendid instrument, partly a reckless desire to defy and confute this
old man.
“H’m ...” he said, when she had finished. He bore her no malice
for her carelessness or impudence, he simply judged her fairly, totted
up her marks, and discovered them to be higher than the rest....
Accordingly he adjudged her the winner. He looked neither pleased
nor sorry.
Catherine decided that he was utterly soulless....
§4
On a certain Monday morning Catherine and Helen took a day off
from school, and went picnicking in Epping Forest. Helen’s brother
George was with them, and also a friend of the latter’s, one Bert,
who took over the financial management of the outing with marked
efficiency, but was otherwise vague and indeterminate. George was
a moderately good-looking fellow of nineteen, clever in a restricted
kind of way, and very entertaining when the mood was upon him. He
worked for a City firm of accountants, and was taking his annual
fortnight’s holiday.
It was very pleasant to be strolling up the hill leading to High
Beech at ten o’clock on a fresh April morning. The party inevitably
split up into couples. Bert was walking on in front with Helen; George
and Catherine formed up the rear. There was a wonderful
atmosphere of serenity over everything: not a soul was about save
themselves; the hotels and refreshment châteaux seemed scarcely
to have wakened out of their winter’s sleep. And overhead the sky
was pure blue.... Up the steep, gritty road they trudged, and in the
hearts of each of them something seemed to be singing: “We are
going to have a glorious day.”
Bert was saying to Helen: “Yes, of course they’re very nice and
comfortable and all that, I know, but they fairly eat up the petrol....
Can’t possibly run them on less than ...”
“Indeed?” said Helen, sympathetically.
And a hundred yards behind them George was saying to
Catherine: “I suppose woman is a few inches nearer to mother earth
than man.... She is more ... primal ... no, not exactly that.... I mean
elemental ... that’s the word, I think....”
“She’s got more common sense, if that’s what you mean....”
“No, I don’t mean exactly that.... Besides, is common sense such
a virtue? ... The great things of the world have been done as a rule
by people with uncommon sense.... No, I mean this: woman seems
to know by instinct what man only learns by patient study and not
always then.... Isn’t that your experience?”
“I don’t think I’ve had any experience.”
“H’m! ... the others are waiting for us at the top. I suppose they
want to know what we’re going to do....”
They quickened their steps to the summit.
§5
They chose for lunch a quiet spot hemmed in by ferns and
bushes. Catherine’s spirits soared higher and higher as the hours
flew.... The sun was splashing over the hills as they came upon the
red roofs of Chingford. The quantity of feeble, flippant conversation
that passed amongst them was colossal. But they had had a glorious
day....
“I’ll see you home,” said George, as they entered the straggling
outskirts of Bockley.
“Please don’t,” replied Catherine. “It’s quite out of your way.”
“I assure you ...” he began.
“Please ...” she reiterated. The truth was she did not wish her
mother to see her in the company of a young man.
Amidst the winedark fragrance of an April evening they passed
until they reached the corner of the road where the Trants lived.
They stopped talking here for three-quarters of an hour, and then
said good-bye. At the last minute George said:
“By the way, I’ve got to call in at a shop in the High Street to see
about something, so I may as well walk back part of the way with
you.”
Catherine blushed, but the darkness shielded her.
“The shops’ll be shut by this time,” said Helen, quietly.
“Er ... not ... er ... the shop I mean,” replied George.
He walked back with Catherine as far as the corner of High Street
and the Ridgeway. Their talk was rather vaguely, indefinitely
sentimental. Twice he quoted from Swinburne and once from Omar
Khayyám.
As they descended the hill Catherine took off her tam-o’-shanter
hat and stuffed it in her pocket. The soft night breeze blew her hair
like a dim cloud behind her....
They shook hands in the dark interval between two brilliantly
lighted shop-windows.
“My God,” he whispered softly, “your hair!”
He brushed it lightly with his hand.
“What about it?” she said, and her voice was nearly as soft as
his.
“Passionate,” he cried; “like flame ... flame ... good-night....”
He fled into the dark vista of a side-street.
§6
The clock on the Carnegie library said, Ten minutes past ten.
Catherine thought, Now for a big row at home....
She had been forbidden to come in later than nine o’clock.
“When I was young ...” her mother had said.
And her father had argued: “I can’t see..what you need ever to be
out later than nine for.... You’ve got all the daytime, surely you don’t
need the night as well.... I can’t understand.... It’s not as if we didn’t
let you do what you like on Saturday afternoons....”
She put her hat on as she turned into Kitchener Road. She
sauntered slowly to No. 24. A minute or two won’t make much
difference, she reasoned, on top of an hour and a quarter. The
crowded memories of the day just past, coupled with anticipation of a
domestic fracas when she got home, combined to make her
somewhat excited. The day had been so full of incident that she
would have enjoyed walking the cool streets till midnight, reckoning
things out and sizing them according to their relative importance.
Then she recollected it was Monday night. Her father would be at
night-school; he did not usually arrive home till half-past ten.
The street-lamp in front of No. 24 revealed the interesting fact
that the blinds in the front parlour were drawn. There was no light
behind them, but the tiny gas-jet in the hall was burning; she could
see its beam through the fanlight. Her heart leaped within her. She
felt like a prisoner granted a reprieve.... There were visitors. That
seemed certain. Somebody had come to spend the evening, and her
mother had “put a light in the front room,” the highest mark of respect
known. Now probably they were all having supper in the kitchen. The
hall-light, too, pointed to that conclusion, for ever since Mr. Tuppinger
took the wrong hat from the hall-stand, and failed to discover his
mistake afterwards, Mrs. Weston had made it a rule that the hall
should be illuminated when visitors came Catherine knocked at the
door.... This was really lucky. With good fortune the lateness of the
hour might not be noticed: at any rate the fracas would be
postponed. Also there would be a good supper awaiting her.... Cold
beetroot; perhaps even stewed prunes and custard....
A strange woman came to the door. Catherine did not know her
name, but she recognized her as someone who lived “up the road,”
and who used to push in front of her when she was a little girl at the
co-operative stores.
“Is it Cathie?” said the strange woman.
“Yes,” replied Catherine.
“Come inside,” answered the strange woman, with peculiar
solemnity. Then she went on, like the intoning of a chant:
“Your mother is not well ... in fact ... she’s had an accident ... in
the street ... in fact ... do come inside ... in fact....”
In fact, Mrs. Weston was dead.
§7
Mrs. Weston had been out shopping during the evening. In the
crowded part of the High Street she had been knocked down by a
bicycle. She had fallen upon her face, but had not apparently
received much hurt, for after having a cut attended to at the
chemist’s, she went home unattended. But at the very door of her
house in Kitchener Road, something went “snap” inside her head;
she collapsed and fell all in a heap on the doorstep. She was putting
the key in the lock when this happened, and the key was found in the
lock when neighbours came to her assistance. They carried her in
the front room (where the Collard and Collard piano was) and laid
her down on the sofa. She uttered vague scraps of conversation for
some moments: then she died....
When Catherine went in to look at her she could not help thinking
how death had made her look ridiculous. She was lying under the
window, and the lamp in the middle of the ceiling threw her features
into heavy shadow. There was a piece of sticking-plaster over the cut
on her forehead, and her chin was bruised as well. The most
prominent of her front teeth had broken off half-way, and as,
seemingly, she had died gasping for breath, her mouth was wide
open. The massive, almost masculine jaws hung unsymmetrically:
there was no beauty or calm in her last attitude. She looked as if she
had died fighting. An aperture in the drawn Venetian blinds allowed a
slit of pale light from the street lamp outside to cross her face
diagonally, making it appear more grotesque than ever. Catherine
could scarcely believe it was her mother. She had the old workaday
blouse on, because she had gone out shopping in a mackintosh and
had thought it would not show underneath. Catherine could not help
thinking how ashamed her mother would have been at the thought of
being seen in this blouse by all the neighbours, and especially to
have had the neighbours crowding in her own drawing-room with all
the cheap bamboo furniture and the faded carpet, and the “Present
from Margate” on the mantel-piece, and the certificate on the wall
certifying that John Weston, aged twelve, had achieved merit in
writing an essay on “Alcohol and its Effects on the Human Body.”
(This latter would have been removed long since, had it not
successfully covered up a hole in the wallpaper.) ... Catherine felt
sure that if her mother had known she was going to die, she would
have dressed up for the occasion. But it had come upon her
unexpectedly. There she was, with her shabby blouse and her
ghastly face, and her mackintosh and string-bag on the chair beside
her. There was some tea in the bag, and her fall had burst the paper
wrapper, for the latter was half-full, and there were tea grains about
the floor....
Mr. Weston had been sent for. He came in tired after a tiresome
day, plus the usual Monday feeling of discontent. He was in a bad
temper.
“Hell!” he muttered, as he bashed his shins against the piano in
the gloom. “These blinds ...” he began, and checked himself.
He seemed annoyed that she had done such a dramatic,
unexpected thing. He was annoyed that there was no supper ready
for him. “You might have got me a cup of tea ready,” he said to
Catherine. Then he tried to be conventional. “She was a good
woman,” he said, as if it had just occurred to him.
When the strange woman had departed, and Catherine and he
were sitting down in the kitchen to a frugal supper, he began the
conversation again.
“By the way,” he said, “apparently you didn’t go to school to-day.
Mrs. Jopson thought you’d be staying to the evening-class, and sent
a message to the school to fetch you. Miss Forsdyke said you hadn’t
been present at all to-day.... Is that so?”
“I didn’t go to-day,” admitted Catherine.
“Where did you go?”
“We ... took a day off ... picnicking in the Forest ... it seemed such
a fine day....”
“Who’s we?”
“Helen and ... and ... me.”
“Are you in the habit of taking days off like that?”
“Oh no.... It’s the first time we’ve ever done it.”
There was a pause.
“You know,” he went on protestingly, “this sort of thing’s not good
enough, Catherine.... You ought to see that this sort of thing can’t go
on ... it’s too bad of you ... running off to play truant ... and on the
very day that ... that your mother ...”
“How on earth could I——” she began hastily, and then stopped,
for she saw that big tears were rolling down both his cheeks.
“Not good enough,” he kept muttering, vaguely reproachful.
Then later on he reopened the question.
“I suppose—er—you and Helen were the only people at the
picnic?”
“No—there were two others.”
“Girls, I suppose?”
“No.”
“Not young men, I hope?”
“Yes, one of them was Helen’s brother. The other was a friend of
his....”
For a few moments he was very thoughtful. Then he continued:
“I don’t think you ought to have gone with them, Catherine ... at
your age, you know.... Besides, you’ve plenty of girl friends—I can’t
think what you want with young men and boys.... Girls should stick to
girls....”
“But surely, Father——”
“If you want friends, let them be girl friends ... surely you can find
plenty of your own sex without——”
Catherine could think of no adequate answer to this argument, so
she bade him good-night and went upstairs to bed....
§8
In the little back bedroom she sat down on the bed and tried to
gather her wits. She was overwhelmed by a feeling of physical
weariness: that was not surprising, for she had walked perhaps
fifteen miles that day. In the candle-light she saw her face in the
mirror: she was surprised to find herself almost ashen pale. Her red
hair floated cloud-like around her head: in the little hand-mirror there
was not room to see all of it at once. But it was still flying as if in the
wind, and it was gorgeously wild and untamed....
“My God,” George Trant had said, “your hair!” ...
... Catherine was surprised, almost shocked that she had as yet
shed no tears for her mother. It seemed such a brutally callous piece
of negligence, and Catherine was sure she was neither brutal nor
callous.... Yet tears would not come.
She undressed and got into bed....
The pumping-engine at the water-works went on at its patient
chug-chugging, and forthwith a myriad memories of childhood came
back to her.... She could feel the tears welling up into her eyes, and
then she realized that it was sentiment and not grief that was
affecting her. She would not weep for sentiment, like the heroines in
the six-penny novels that Madge Saunders read.
Ever and anon the whisper came echoing through her mind: “My
God ... your hair!” ...
From the very insistence of her thoughts she could not fall asleep
until morning was well advanced, but when she did, her sleep was
calm and dreamless....
§9
Of course there was a splendid funeral. It was infinitely more
gorgeous than anything that had taken place in Mrs. Weston’s
lifetime. Relatives were summoned to attend the obsequies, relatives
that Catherine had never seen and had not known existed, relatives
with black ties and rubicund faces and Cockney accents, and that
deplorable foreign flavour that comes of dwelling in another London
suburb. They all gathered together in the drab little front room
amongst the bamboo furniture, and gazed curiously at Catherine.
Evidently she did not quite realize their ideal of a bereaved daughter.
They were all a trifle nervous of the undertaker. Finally, they were all
squashed into four black coaches and driven slowly to the cemetery
behind a glass hearse. In front of the horses walked two men, each
bearing what appeared to be a mace.
The day was chilly and sprinkled with April showers; the
mourners in the first coach (in which was Catherine) insisted on
having all the windows closed, until the rain-washed panes were dim
with the reek of their breaths. They carried their pocket-
handkerchiefs in their hands, and spoke in tremulous murmurs....
The cavalcade swept on, through the dreariest and frowsiest streets
in all Bockley, out on to the murky highways where the mud splashes
from passing motor-buses reached the tops of the window-panes.
Then past the Town Hall, magnificently impeding traffic as they
crossed the tram-lines at the Ridgeway corner, on to the outer
fringes of the town, where public-houses and tin-missions indulged in
melancholy stares at one another across cat-haunted waste land. A
slow progress past an avenue of cars at the tram terminus, and at
last to the gates of a pretentious but infinitely dismal burial-ground.
The latter was owned and run on business lines by a limited liability
company, and for many years it had paid twelve per cent, on its
ordinary shares. That dying was a profitable industry could be seen
from the great gates, opening far back from the road, with their
ornate metal-work representing winged angels.
As they left the coaches a shower began. They walked about a
quarter of a mile amongst a welter of acrobatic angels, broken
columns and miscellaneous statuary; then they reached the grave.
The rain plashed dismally on the pile of brown earth by the side, and
everybody stood on the brink with a precarious footing on the
sodden soil. There was a diminutive Methodist parson with a bad
cold, who coughed at every comma in the burial-service and
sneezed into the grave at the end of each verse. All around them
was the litter of gravediggers’ tools, faded flowers and wreath-
skeletons. Catherine thought it by far the most depressing business
she had ever come across. Her father scattered a handful of cold,
clammy mud on top of the coffin, and everybody (especially the bald-
headed men with their hats off) seemed eager to get back to the fetid
warmth of the coaches.... So back went the procession, down the
long cemetery avenue, with nothing in sight save untidy vistas of
unsymmetrical gravestones, back into the steaming coaches, home
again through the mud and rain to Kitchener Road. The carriages
reeked with the smell of wet kid gloves and damp mackintoshes. In
the Bockley High Street they passed a crowd round a street
accident. A motor-bus had skidded into a tram-way standard, and
there were mud-splashed, white-painted ambulances in attendance.
Mr. Weston rubbed the vapour off the window with his hand. “Some
poor devil,” he muttered, and there was a whole world of humanity in
his voice. And Catherine felt that nothing in death itself was half so
terrible as the dismal fuss that people make over it.
When the carriages arrived back at No. 24, Kitchener Road, and
everybody went into the house, they found that the fire in the front
room had gone out. Half an hour was spent in trying to relight it with
damp coal and damp firewood and damp newspaper. Mr. Weston
held up the Bockley and District Advertiser to make a draught. The
newspaper caught alight and fell back on to the carpet, whereupon
Mr. Weston danced a sort of dervish cake-walk to stamp it out. This
acrobatic performance exercised a stimulating effect upon the
visitors, who became conversational. In a moment of riotous
abandon Mr. Weston directed Catherine to run over to the co-
operative stores and purchase two small tins of lobster and one large
tin of pineapple chunks....
About ten minutes to midnight, when all the mourners had
departed, and Catherine was pulling down the blinds in the back
bedroom, her father came up and sat down on the end of the bed
Unlacing his boots.
“You know, Cathie,” he began, nervously, as if there were
something he wished to get off his mind, “this business is so ... so ...
so sudden.... That’s what’s the matter with it. It don’t give a chap time
to gather his wits.... Last week she was here. Fussing about and
rushing round and seemingly in the best of health. And this week—
dead an’ buried.... Bit of a shock, isn’t it?”
She did not answer. He continued in a spurt:
“You know there’s a sort of way in which you miss anybody
you’ve been used to seeing about the place for years an’ years.
Without any ... er ... what people call love, you know, or anything of
that sort.... Well, I miss your mother in that way. Quite apart from any
other way, I mean.... If she was here now she’d nag at me for not
taking my dirty boots off downstairs. It’s funny, but I shall miss all that
nagging. I got used to it. I didn’t particularly like it, but things’ll seem
pretty dull for a time without it....”
Pause.
“For twenty years I’ve chucked my dirty boots under the sofa
downstairs, and wouldn’t have dreamt of bringing them up here....
And now the first night she’s laid to rest I come up here with ’em on
without thinkin’ about it....”
He kept on making vague remarks.
“Life’s passing, Cathie ... one thing an’ then another.... Time waits
for no man—or woman.... We’re like those clocks at the railway
stations.... We seem not to be moving and then we fall forward with a
jerk at the end of the minute.... It’s easy to notice the jerks ... but time
goes steadily on whether we notice it or not....”
Then he changed the subject.
“It’s lucky for you it wasn’t an ordinary night last Monday, or you’d
have got in a fine row, I can tell you. Playing truant and going out
with young fellers.... A girl of your age ought not to bother her head
with fellers.... I never knew your mother till she was twenty-two....
This sort of free-and-easy-carrying-on won’t do, Catherine. For one
thing it’s not respectable. And for another thing it’s not right.... Find
some girl friends to go out with, and leave the fellers alone....”
“Fellers,” he called them. The word jarred on her.